Terms & Conditions

Welcome To XMC Branded Products Inc. (“XMC”) Website

Please be advised that your use of this website constitutes your agreement to the Terms and Conditions set out herein. The purchase of any XMC products or services through this site are subject to separate terms and conditions of sale which can be viewed on the various product and payment pages within this site.

Geographic Scope

Unless otherwise specified, XMC may offer to sell products and services featured on this website in selected countries around the world. Some of the products and services featured on the site are displayed for promotional purposes only and may not be available for purchase through the site. This site is controlled and operated by XMC from its offices in Toronto, Ontario, in Canada.

Price And Availability

The products and services offered or referred to on this site are subject to availability. The products and services pictured on this site may not be exactly as shown. The prices stated for such products are subject to change without notice. XMC reserves the right to price the product in any currency it desires. Many factors are taken into consideration when country specific pricing is determined and there may be significant variances between countries.

Misprints And Errors

XMC endeavors to provide current and accurate information on this site. Nevertheless, errors and misprints may occur. Accordingly, XMC reserves the right to reject, correct, cancel or terminate any order for products or services for which the price was incorrectly displayed or for which any other erroneous or inaccurate information was displayed. XMC reserves this right at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. XMC is not obligated to sell products or services whether based on errors, misprints or otherwise.

Restrictions On Use

XMC hereby authorizes you to copy documents published by XMC on this site for personal and noncommercial use only. Such authorization does not permit use of copyrighted content from this site for the unauthorized sale of XMC products or services. In consideration of this authorization, you agree that any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein. This authorization does not include the use of images, logos or other content unless they are embedded within the documents. Each individual document published by XMC on this site may contain other proprietary notices and copyright information relating to that individual document. The materials displayed on or contained within this site, including without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks, are the property of XMC, or its licensors and are protected by copyright, trademark and other intellectual property laws. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent or trademark of XMC, its affiliates or any other person. Note that any product, process, or technology on this site may be the subject of other intellectual property rights reserved by XMC and its affiliates and may not be licensed hereunder. Use of robots, spiders, data mining, or similar data gathering tools is prohibited. Automated submission of data through this site is prohibited.

Promotion Guidelines

All offers are limited to purchases made directly from XMC. Some offers may also be available through XMC authorized resellers. In no event do offers apply to unauthorized resellers. Purchase must be made during the specified promotional period to qualify.

Disclaimer Of Warranty And Limitation Of Liability

THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARNANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. XMC is not responsible for any inaccuracies (including, without limitation, incorrect prices), typographical errors or any other mistakes on this site or in any content you may obtain from this site, and reserves the right to make corrections.

IN NO EVENT SHALL XMC, OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THIS SITE, OR ANY LINK PROVIDED ON THIS SITE, WHETHER OR NOT XMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Changed Terms

Any XMC publication may include technical inaccuracies or typographical errors. Changes may be periodically made to these publications. These changes will be incorporated in new editions of these publications. XMC may make improvements and/or changes in the products and/or the programs described in these publications at any time without notice.

Product Feedback Policy And Terms

We do welcome and value feedback on our existing products, and we make every effort to address questions or concerns that are raised by our customers. If you wish to comment on a XMC product or if you have a question about or concern with any of our products, please consult and follow the instructions provided in the “Contact us” section of our website, marshallfridge.com. Any product feedback you provide to us shall be deemed non-confidential and XMC shall be free to use such information on an unrestricted basis. Notwithstanding the foregoing, our use of your personal information shall be governed by the privacy statement available on our website, marshallfridge.com.

Payment Methods

We currently accept Visa, MasterCard, Diners Club, Discover and Paypal. Currency conversion rates, credit card fees and administrative costs incurred during the purchase of any XMC product is your responsibility.

Shipping Costs, Duties, Taxes.

Shipping costs will be included in all consumer direct orders. Orders outside of Canada may be subject to VAT, import duties, other charges and/or taxes, which are levied once your package reaches your country and/or your door. XMC ships your package according to Incoterm Delivered Duty Unpaid (DDU). This means that we do not collect VAT, duties and/or taxes on orders and we cannot predict what your particular charges may be. If you do incur any such additional charges they must be rendered in order for your package properly clear customs and ultimately be received by you. Please contact your local customs office for more information. Shipping delivery dates are guidelines and subject to various factors influencing timing including international shipping delays, product deployment and additional global supply variables. No refunds will be granted for shipping delays and XMC will endeavour to deliver product as soon as reasonably practicable.

Returns

During 14 days following the delivery of your order, you may request the exchange or refund of items (the “Return Period”), which you must return to us in perfect condition accompanied by the original invoice. Returns will only be accepted if labels and original packaging are fully intact. XMC cannot accept returns where labels have been removed. You are responsible for the shipping of returned items back to XMC. Items lost in transportation will not be compensated for. Shipping charges on returned merchandise are at the customer’s expense. Refunds for returned merchandise will be made within two weeks of the return of the product, to the original purchaser’s credit card. Note that additional duties and/or taxes will not be refunded. Neither will shipping costs. All exchanges are subject to availability. Faulty items will be exchanged for the same type of product in the same size, subject to availability. Sales are final. In countries where laws require cancellation rights, a US$35 administration fee will apply. For additional protection and information, please see our warranty provisions. Shipping costs will not be refunded for uncollected items. For exchanges and returns during the Return Period send an email to info@marshallfridge.com.

Privacy Policy

All personal information saved at marshallfridge.com will be handled with care. The information that we store will not be sold or used for any purposes other than making sure you get the best service possible. It will solely be used for informing you about special offers and other marketing activities related to the different units of XMC. Your personal data may be disclosed to third parties only when it is necessary to fulfill the purposes described above. When registering to our web shop, you can choose not to receive information from XMC. If you wish to end your subscription to information from XMC, send an email to info@marshallfridge.com stating your email address and a short description of the matter. You have the right to at any time know what information is kept about you in our systems. This information can be requested by sending an email to info@marshallfridge.com. If the information is incomplete or incorrect, you have the right to have the information corrected or deleted. All customers paying by card are subject to validation checks. XMC may delay (and ultimately accept or reject) any order if we suspect further security control is needed. XMC uses cookies in order to improve your experience of the site. The cookie identifies your computer and allows the site to remember your personal settings. Cookies are also used for statistical purposes. You can set your browser to notify you when a cookie is to be activated. This enables you to reject usage of this cookie or to tell your browser to erase the cookie at the end of your visit. The web shop cannot be used if you disallow cookies.

Termination

XMC may amend or terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to this website, if in XMC’s sole discretion you fail to comply with any term or provision these Terms and Conditions. Upon any termination of these Terms and Conditions by XMC or any failure by you to comply with any term or provision of these Terms and Conditions, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of these Terms and Conditions or otherwise. The provisions of these Terms and Conditions shall survive any such termination.

Miscellaneous

These Terms and Conditions are governed exclusively by the laws of the Province of Ontario and the Country of Canada notwithstanding any principles of conflicts of law. The laws of your country may be different from the laws in Ontario and there may be additional legal requirements for you to use this website. You must comply with all applicable local and international laws and regulations regarding your use of our website. The parties hereby expressly agree to exclude application of the United Nations Convention on Contracts for the International Sale of Goods or any local implementation of such convention. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the enforceability of the remaining provisions. To the extent permitted by applicable law, unless XMC agrees otherwise, any claim, dispute or controversy arising out of or relating to these terms and conditions or your use of this site shall be determined by final and binding arbitration to the exclusion of the courts. Such arbitration will be conducted in Toronto, Ontario, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in Ontario.

This site may provide links to other sites which are not maintained by XMC. XMC provides such links for your convenience only, and is not responsible for the content of any third-party site. XMC cannot be held responsible for any damaged caused from using the site or for that matter not being able to use the site. Individuals violating the restriction of password protected areas of the site may be subject to prosecution. XMC cannot guarantee a problem-free uninterrupted and secure access to the web site. XMC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. In case of Force Majeure, XMC obligations are procrastinated. The contract between you and XMC can in such cases be partially or fully terminated by yourself or by XMC. A Force Majeure is at the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.

These terms and conditions are drafted in English at the express wish of the parties.

Ces conditions d’utilisation sont rédigées en anglais à la demande expresse des parties.